Patna High Court - Orders
Gani Rai vs The State Of Bihar & Ors on 16 April, 2012
Author: Navin Sinha
Bench: Navin Sinha
Patna High Court CWJC No.5269 of 2012 (2) dt.16-04-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5269 of 2012
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Gani Rai S/O Late Ramashray Rai R/O At + P.O.- Sadhpur, P.S.- Gorkha,
District- Saran (Bihar)
.... .... Petitioner
Versus
1. The State of Bihar
2. The Chief Secretary, Minor Water Resources Department, Government
Of Bihar, Patna
3. The Secretary, Finance Department, Government Of Bihar, Patna
4. The Under Secretary, Minor Water Resources Department, Government
Of Bihar, Patna
5. The Project Co-Ordinator, Tube Well, Minor Water Resources
Department, Government Of Bihar, Patna
6. The Chief Engineer (North) Tube Well Division, Minor Water Resources
Department, Muzaffarpur
7. The Superintending Engineer, Tube Well Circle, Muzaffarpur
8. The Executive Engineer, Tube Well Division, Chapra
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shashi Shekhar Tiwary
For the Respondent/s : Mr. Vinay Kriti Singh SC-5
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CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA
ORAL ORDER
2 16-04-2012Heard learned counsel for the petitioner and the State.
The petitioner is aggrieved by the order dated 15.12.2011 declining to grant him second time bound promotion.
It is submitted that the petitioner was appointed in work charged establishment on 08.03.1969. On 26.02.1979 he was given higher responsibilities in the work charged establishment and then regularized on 08.03.1979. The respondents gave him first and second time bound promotion and then cancelled the Patna High Court CWJC No.5269 of 2012 (2) dt.16-04-2012 second time bound promotion. The respondents hold him entitled for first time bound promotion from 27.02.1989. They wrongly deny him consideration for second time bound promotion reckoning the period from his regularization in 1979 urging that he acquires eligibility for 25 years service after the scheme stood abolished from 01.01.1996. The petitioner is entitled to be considered for grant of second time bound promotion and ACP from 08.03.1969 taking into consideration his period in the work charged establishment.
Counsel for the State submits that he shall serve and file counter affidavit within two weeks.
List under the heading 'Orders' in the same list for final disposal after three weeks.
(Navin Sinha, J.) Md. Ibrarul/-